CIT v. Zoom Communication (P) Ltd.

327 ITR 510High Court2010#231 most cited

What is CIT v. Zoom Communication (P) Ltd. authority for?

Penalty under section 271(1)(c) is not leviable for legally unsustainable claims if the assessee provides a substantiated, bona fide explanation without concealing facts or giving incorrect information. However, penalty is attracted if a claim is baseless, legally incorrect, and the explanation lacks bona fides.

330

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2011 to 2026.

Also referred to as

CIT v. Zoom Communication (P) Ltd. · 327 ITR 510 · section 271(1)(c) penalty · section 270A penalty · furnishing inaccurate particulars · concealment of income · unsubstantiated claim · bona fide explanation · levy of penalty · incorrect in law claim · explanation 1 to section 271(1)(c)

Issues it is cited on

Judgments citing CIT v. Zoom Communication (P) Ltd.

Piyush Amritlal Mehta, Mumbai vs. ITO -19(2)(4), Mumbai

In the result, the appeal filed by the assessee stands dismissed with no order as to cost

ITA 8563/MUM/2025[2011-12]Status: DisposedITAT Mumbai01 Apr 2026AY 2011-12

Bench: Hon’Ble Shri Sandeep Gosain & Hon’Ble Shri Jagadishpiyush Amritlal Mehta Vs. Income Tax Officer – 10/11 Ground Floor 48Th 19(2)(4) Khetwadi Lane, Piramal Chambers, Mumbai - 400004 Mumbai - 400012 Pan/Gir No. (Applicant) (Respondent) Assessee By None Revenue By Shri Virabhadra Mahajan, (Sr. Dr.) Date Of Hearing 05.03.2026 Date Of Pronouncement 01.04.2026 आदेश / Order Per Sandeep Gosain, Jm: The Present Appeal Has Been Filed By The Assessee Challenging The Impugned Order 16.10.2025 Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), By The National Faceless Appeal Centre, Delhi (Nfac) For The Assessment Year 2011-12. The Following Grounds Are Reproduced Below: “1. On The Facts & In The Circumstances Of The Case & In Law, The Penalty Proceedings Initiated U/S 271(1) (C) Of The Act Is Invalid & Bad In Law.

Section 250Section 271(1)Section 271(1)(C)Section 271(1)(c)

…ssessee made bogus purchases from Hawala Parties and concealed income to the extent of profit element in garb of purchases, penalty u/s 271(1)(c) was leviable." Further, in the judgment of Hon'ble High Court of Delhi in the case of CIT vs Zoom Communications 327 ITR 510 it has been ordered that - 4 "..... if an assessee makes a claim which is not only incorrect in law, but is also wholly without basis and explanation furnished by him for making such a claim is not found to be bona fide, explanation 1 to section 271(1)(C) would come into play and assessee will be liable to penalty"., 7. Even otherwise, no new f…

New Mangalore Port Road Company Limited, New Delhi vs. DCIT, Circle-16(1), Delhi

In the result, the assessee’s appeal is allowed for statistical purposes

ITA 1053/DEL/2025[2015-16]Status: DisposedITAT Delhi17 Nov 2025AY 2015-16

Bench: Shri Yogesh Kumar U.S. & Shri Avdhesh Kumar Mishraita No.1053/Del/2025, A.Y. 2015-16 New Mangalore Port Road Deputy Commissioner Of Company Limited, Income Tax, Circle-16(1), D-21, Corporate Park, Vs. C. R. Building, I P Estate, Sector-21, Dwarka, New Delhi New Delhi Pan: Aabcn9106E (Appellant) (Respondent) Appellant By Ms. Khushboo Singhal, Ca Respondent By Ms. Amisha S. Gupt, Cit(Dr) Date Of Hearing 21/08/2025 Date Of Pronouncement 17/11/2025 Order Per Avdhesh Kumar Mishra, Am This Appeal For Assessment Year (‘Ay’) 2015-16 Filed By The Assessee Is Directed Against The Order Dated 15.09.2022 Of The Commissioner Of Income Tax (Appeals), Nfac, New Delhi [‘Cit(A)’].

Section 271(1)(c)Section 32Section 36(1)(iii)

…terest of Rs.1,63,94,947/- under section 36(1)(iii) of the Act settled under the VSVS Scheme. Thereafter, the Ld. AO, placing reliance on the decision of Hon’ble New Mangalore Port Road Company Ltd. Delhi High Court in cases of Zoom Communications Pvt. Ltd. 327 ITR 510, Harprasad & Co. (P) Ltd., 328 ITR 53 and Escorts Finance Ltd. 328 ITR 44 levied the penalty of Rs.19,25,64,233/- under section 271(1)(c) of the Act on the above mentioned disallowances of depreciation of Rs.60,67,90,274/- and interest of Rs.1,63,94,947/- observing as under: “7.1.1 On perusal of details filed during the course of assessment proc…

Abdul Jabbar Jaheer Husain, Chennai vs. ITO, Ncw-8(2), Chennai

In the result, the appeal filed by the assessee is allowed

ITA 2245/CHNY/2025[2016-17]Status: DisposedITAT Chennai14 Nov 2025AY 2016-17

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 2245/Chny/2025 िनधा"रण वष"/Assessment Year: 2016-17 Shri Abdul Jabbar Jaheer The Income Tax Officer, Husain, Vs. Non-Corporate Ward 8(2), No.17/73, Pillayar Koil Street, Chennai. Ayapakkam, Chennai – 600 077. Pan: Adopj 8688E (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri V. Padmanaban, Ca ""यथ" क" ओर से/Respondent By : Ms. Gouthami Manivasagam, Jcit

For Appellant: Shri V. Padmanaban, CAFor Respondent: Ms. Gouthami Manivasagam, JCIT
Section 143(3)Section 250Section 271(1)(c)Section 274Section 54BSection 54F

…that penalty u/s.271(1)(c) of the Act is not leviable on the facts of instant case. 7. The Ld.DR has filed brief written submission. The Ld.DR relied on the judgment of Hon’ble Delhi High Court in the case of CIT vs. Zoom Communication Pvt. Ltd., reported in 327 ITR 510 in support of her contention that mere non-availability of bill does not make the claim allowable. The Ld.DR further contended that assessee had made bogus / unsubstantiated claim of exemption / deduction and thereby the assessee satisfies under both limb u/s.271(1)(c) of the Act namely concealment of income and furnishing inaccurate particulars…

Ss Group (P) Ltd, Haryana vs. ACIT Cirlce-4(1), Gurgaon, Haryana

In the result, the appeal filed by the assessee is allowed

ITA 1094/DEL/2025[2015-16]Status: DisposedITAT Delhi17 Sept 2025AY 2015-16

Bench: Shri S.Rifaur Rahman & Shri Sudhir Kumarm/S. Ss Group (P) Ltd., Vs. Acit, Circle 4 (1), Ss House, Plot No.77, Sector 44, Gurgaon. Sector 45, Gurgaon – 122 001 (Haryana). (Pan : Aadcr8945B) (Appellant) (Respondent) Assessee By : Dr. Rakesh Gupta, Advocate Shri Somil Agarwal, Advocate Shri Saksham Agarwal, Ca Revenue By : Ms. Amisha S. Gupt, Cit Dr Date Of Hearing : 14.08.2025 Date Of Order : 17.09.2025 O R D E R Per S.Rifaur Rahman,Am: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [“Ld. Cit(A)”, For Short] Dated 07.02.2025 For The Assessment Year 2015-16 Affirming The Penalty Order Dated 21.03.2022 Passed U/S 271(1)(C) Of The Income-Tax Act, 1961 (For Short ‘The Act’).

For Appellant: Dr. Rakesh Gupta, AdvocateFor Respondent: Ms. Amisha S. Gupt, CIT DR
Section 271(1)(c)Section 40A(3)

…s deleted by the Apex court. Even otherwise, during the course of hearing before us, the ld. Counsel 6 for the assessee drew our attention to the decision of the Hon’ble Delhi High Court in the case of CIT Vs. Zoom Communication (P.) Ltd., reported in [2010] 327 ITR 510 (Delhi), which, he pointed out, though was relied upon by the Assessing Officer in the present case while levying penalty, it actually supported the assessee’s case. He drew our attention to the findings of the Hon’ble High Court in the said case holding that as long as the assessee has not concealed any material fact or any factual information g…